Vietnam: Shall the persons who conduct the act of forging lottery tickets to win the prizes face a penalty of up to 3 years’ imprisonment in Vietnam?
What is lottery? What is lottery ticket in Vietnam?
- Lottery is a lottery game, if you win, you will have an extremely attractive prize. They can be used in many ways in life. Especially on many different gameshows to stimulate players. Lottery will bring fun and great chances of winning.
- At the same time, in Clause 8, Article 2 of Decree 30/2007/ND-CP, Lottery tickets are those issued by a lottery business enterprise for distribution to customers. Lottery tickets are issued in forms of certificate, card printed with a par value, or other forms or means which customers may use in order to participate in winning lottery prizes.
- Besides, according to Article 3 of Circular 75/2013/TT-BTC, the concept also:
+ “The lottery agents” include organizations, individuals eligible legally as prescribed in this Circular directly sign contract of lottery agent with lottery companies for ticket distribution, consumption and paying the prizes to clients when clients win according to conditions, terms specified in contract of lottery agent.
+ “The issuance linkage mechanism” means mechanism on issuing lottery tickets under the method in which lottery companies in a region will issue a set of tickets shared in whole region with a unified prize structure, the draw for prizes is organized together and all expenses for prizes, printing tickets are allocated among lottery companies under the operational regulation of the regional lottery Council already approved by the Ministry of Finance.
As such, the lottery is a type of lottery game that pays off like other types of sweepstakes games. Lottery tickets will be sold all over the country and collect a large amount of revenue.
Vietnam: Shall the persons who conduct the act of forging lottery tickets to win the prizes face a penalty of up to 3 years’ imprisonment in Vietnam? (Internet picture)
What are the principles of printing lottery tickets in Vietnam?
According to Article 11 of Circular 75/2013/TT-BTC, the principles of lottery ticket printing include:
The principles of printing lottery tickets
1. It must be sufficient quantity according to each sign of lottery ticket and conformable with the structure of prizes as notified about issuance.
2. The principles of printing lottery tickets for each type of lottery ticket are prescribed as follows:
a. When printing conventional lottery tickets, it is required to have the storage stub for controlling lottery tickets of organizations issuing lottery;
In case the printed lottery tickets have reflective signs or system of barcode, system of encrypted code meeting requirement of control, management and distinguish between true lottery ticket and fake lottery tickets, ensuring strictly in printing lottery tickets, having no ability happening fraudulences, the printing of lottery tickets may not require storage of stub of ticket;
b. When printing bingo lottery tickets, it is required to have stub of tickets or storage part for recording and comparing the numbers already selected by customers for participation in winning prizes;
c. The scratching lottery tickets for instant result must have encryption key to control and compare in defining prizes. The covering substance at the position prescribed for scratching and not scratching must ensure that the inside content is viewless by naked eyes under all luminous intensity or other machines or devices; not self-stripped or distorted in normal conditions;
d. The tearing lottery tickets for instant result must ensure that the inside content is viewless when illuminate by naked eyes under all luminous intensity or by other machines, devices and means. The lottery tickets must ensure requirement on preventing against forging and misusing to use for recirculation and sale for many times.
*Conditions of winning lottery tickets
Pursuant to Article 31 of Circular 75/2013/TT-BTC providing detailed guidance on lottery business activities, conditions for winning lottery tickets:
Conditions of lottery tickets receiving prizes
1. Lottery tickets receiving prizes must be in intact of form, size, not be torn, no patchwork, not erased, repaired and still in time limit for receiving prizes as prescribed.
In case due to objective reasons, the winning lottery tickets are torn but still have sufficient grounds to identify the initial form, authenticity of tickets, not belong to subjects of doubting on fraudulence, the torn position not influencing to elements for defining on winning prizes, lottery companies may verify and decide the payment for prizes or refusal for paying prizes to customers. Competence for decision is chairmen, General Directors (Directors) of lottery companies specified in the rules on participating in winning lottery specified in Article 8 of this Circular.
Vietnam: Shall the persons who conduct the act of forging lottery tickets to win the prizes face a penalty of up to 3 years’ imprisonment in Vietnam?
In fact, the act of forging a winning lottery ticket will, depending on the case, severity and nature of the violation, have an appropriate corresponding sanction. In there:
*Administrative sanctions
In Clause 5, Article 36 of Decree 98/2013/ND-CP, A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed for forging lottery tickets in any shape or form to win the prizes.
*Criminal prosecution
In addition to administrative sanctions, acts of counterfeiting winning lottery tickets may be prosecuted for penal liability such as:
- Pursuant to Article 174 of the 2015 Criminal Code, a person who, by deceitful tricks, appropriates another person's property valued from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following categories: In the case of Clause 1, Article 174 of the 2015 Criminal Code, the offenders shall be subject to non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
Accordingly, the act of forging a winning lottery ticket may be prosecuted for criminal liability under the crime of fraud and appropriation of property. Depending on the nature of the offense to determine the appropriate penalty frame as prescribed in Article 174 of the 2015 Criminal Code.
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